Fritz v. St Joseph County Drain Commissioner

Plaintiff appeals as of right from the circuit court’s order denying his request for injunctive relief in the form of mandamus. This case arises out of a petition for the improvement of the Portage Creek Drain located in St. Joseph County.

The Portage Creek Drain was established in the early 1900s. Plaintiff, along with four other property owners, signed a petition seeking the improvement of the drain in order to alleviate flooding caused by an obstruction in the drain. In December 1997 they filed the petition for maintenance and improvement of the drain with the St. Joseph County Drain…